Section 65Part 8 — Miscellaneous
Lateral limits
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65. The lateral limits of any exclusive prospecting licence or mining lease shall be vertical planes passing through the sides by which the licence or lease is bounded: Provided that the Governor may grant a special lease under section 44 of a subterranean area larger than the limits of the surface of land comprised in such lease; and in such case so much of the surface lying above the subterranean area of such lease as is not included in the lease shall be excluded from any prospecting or mining operations whatsoever, except insofar as the holder thereof may be permitted, in the case of Crown land, by the Governor, and in the case of land other than Crown land by the owner thereof, to enter upon any part of the surface line above the area of his lease but not included in the surface limits of such lease for the purpose of constructing thereon such works, plant and buildings, as may be necessary for the proper working of the lease and on payment of such rent and such compensation for the use of such surface as the Governor or owner, as the case may be, may determine.